Common use of Disclosure Schedule References Clause in Contracts

Disclosure Schedule References. The parties hereto agree that any reference in a particular Section of the Company Disclosure Schedule shall only be deemed to be an exception to (or, as applicable, a disclosure for purposes of) (i) the representations and warranties (or covenants, as applicable) of the Company that are contained in the corresponding Section of this Agreement, and (ii) any other representations and warranties (or covenants, as applicable) of the Company that are contained in this Agreement, but only if the relevance of that reference as an exception to (or a disclosure for purposes of) such representations and warranties (or covenants, as applicable) are reasonably apparent.

Appears in 2 contracts

Samples: Merger Agreement (Hyperion Solutions Corp), Merger Agreement (Oracle Corp)

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Disclosure Schedule References. The parties hereto agree that any reference in a particular Section of the Company Seller Disclosure Schedule shall only be deemed to be an exception to (or, as applicable, a disclosure for purposes of) (i) the representations and warranties (or covenants, as applicable) of the Company Seller that are contained in the corresponding Section of this Agreement, Agreement and (ii) any other representations and warranties (or covenants, as applicable) of the Company Seller that are contained in this Agreement, but only if the relevance of that reference as an exception to (or a disclosure for purposes of) such representations and warranties (or covenants, as applicable) are reasonably apparentapparent on its face.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Universal Electronics Inc), Asset Purchase Agreement (Zilog Inc)

Disclosure Schedule References. The parties hereto agree that any reference in a particular Section of the Company Disclosure Schedule shall only be deemed to be an exception to (or, as applicable, a disclosure for purposes of) (i) the representations and warranties (or covenants, as applicable) of the Company that are contained in the corresponding Section of this Agreement, and (ii) any other representations and warranties (or covenants, as applicable) of the Company that are contained in this Agreement, but only if the relevance of that reference as an exception to (or a disclosure for purposes of) such representations and warranties (or covenants, as applicable) are would be reasonably apparent.

Appears in 1 contract

Samples: Merger Agreement (Agile Software Corp)

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Disclosure Schedule References. The parties hereto agree that any reference in a particular Section of either the Company Seller Disclosure Schedule or the Buyer Disclosure Schedule shall only be deemed to be an exception to (or, as applicable, a disclosure for purposes of) (ia) the representations and warranties (or covenants, as applicable) of the Company relevant party that are contained in the corresponding Section of this Agreement, Agreement and (iib) any other representations and warranties (or covenants, as applicable) of the Company such party that are is contained in this Agreement, but only if the relevance of that reference as an exception to (or a disclosure for purposes of) such representations and warranties (or covenants, as applicable) are reasonably would be readily apparent.

Appears in 1 contract

Samples: Stock Purchase Agreement (1 800 Flowers Com Inc)

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