Effect of Disclosures. Any information disclosed by a party in any representation or warranty contained in this Agreement (including exhibits to this Agreement) will be treated as having been disclosed in connection with each representation and warranty made by that party in this Agreement.
Effect of Disclosures. 38 10.6 Captions............................................................... 38 10.7 Prohibition Against Assignment......................................... 39 10.8 Notices and Other Communications....................................... 39 10.9
Effect of Disclosures. Inclusion of a matter on a Schedule to a representation or warranty which addresses matters having a “Material Adverse Effect” (whether or not capitalized) shall not be deemed an indication that such matter does, or may, have a “Material Adverse Effect” (whether or not capitalized). Likewise, the inclusion of a matter on a Schedule in relation to a representation or warranty shall not be deemed an indication that such matter necessarily would, or may, breach such representation or warranty absent its inclusion on such Schedule. Matters may be disclosed on a Schedule to this Agreement for purposes of information only.
Effect of Disclosures. Each of the representations and warranties of Target set forth in Sections 3.1.2 to 3.1.23, inclusive, is qualified by and is made subject to the disclosures made in the Data Room, in Target’s Public Disclosure Record and in the Target Disclosure Schedule.
Effect of Disclosures. Each of the representations and warranties of Purchaser set forth in Sections 4.1.2 to 4.1.23, inclusive, is qualified by and is made subject to the disclosures made in Purchaser’s Public Disclosure Record and in the Purchaser Disclosure Schedule.
Effect of Disclosures. 55 9.10 Captions................................................... 55 9.11 Prohibition Against Assignment............................. 55 9.12 Notices and Other Communications........................... 56 9.13 Governing Law.............................................. 56 9.14 Amendments................................................. 57 9.15 Counterparts............................................... 57 -ii- 4 PLAN AND AGREEMENT OF MERGER This is a Plan and Agreement of Merger dated as of February 16, 2000, among U.S. Home Corporation (the "Company"), a Delaware corporation, Lennar Corporation ("Lennar"), a Delaware corporation, and LEN Acquisition Corporation ("Acquisition"), a Delaware corporation and a wholly-owned subsidiary of Lennar, relating to a merger (the "Merger") of the Company into Acquisition.
Effect of Disclosures. This Disclosure Schedule makes disclosures for the purposes of limiting the scope and effect of the Warranties given by DRD in the Agreement.
Effect of Disclosures. Any information disclosed by the Company or Parent in the Company Disclosure Letter or the Parent Disclosure Letter, respectively, will be treated as having been disclosed in connection with each representation and warranty made by such Party in this Agreement, but shall not be deemed to be an admission or evidence of materiality of such item, nor shall it establish any standard of materiality for any purpose whatsoever. Any such information relating to any possible breach or violation of any Contract or Law shall not be construed as an admission or indication with respect to any third party that any such breach or violation exists or has actually occurred.
Effect of Disclosures. Any information disclosed by a party in connection with any representation and warranty contained in this Agreement (including any exhibit or schedule to this Agreement) will be treated as having been disclosed in connection with each representation and warranty made by that party in this Agreement. The parties are aware that a party may include in Sections of its Disclosure Letter items as to which it is not certain whether they are required to be included in those Sections of the Disclosure Letter. The fact that an item is included in a Section of a Disclosure Letter that requires disclosures of items above a specified level of materiality does not constitute an acknowledgment that the item is above that level of materiality, and the fact that an item is included in a Section of a Disclosure Letter that requires disclosures of violations of particular types of legal or governmental requirements does not constitute an acknowledgment that the item in fact violates the applicable legal or governmental requirements.
Effect of Disclosures. 2.1 This Disclosure Schedule makes disclosures for the purposes of limiting the scope and effect of the Warranties given by Sibanye in the Agreement.
2.2 Sibanye will not be, or be deemed to be, in breach of any Warranty to the extent that a fact, information, matter or thing is fairly disclosed (with sufficient details to enable DRD and/or the Issuing Party, as the case may be, to determine the nature and extent of the limitation and qualification) in this Disclosure Schedule, and each of DRD and/or the Issuing Party, as the case may be, acknowledge and agree that it will not have a claim in respect of any such fact, information, matter or thing and Sibanye will have no liability of any nature whatsoever or howsoever arising to DRD and/or the Issuing Party, as the case may be, in respect thereof or arising from, or out of, that fact, information, matter or thing.
2.3 All disclosures are made generally in relation to the Warranties and are not to be related to any particular Warranty. References in this Disclosure Schedule to clauses, particular paragraphs or provisions of the Agreement or any Annexure to the Agreement, or to any other documents, are inserted for convenience only and the disclosures made in this Disclosure Schedule, whether made generally or by reference to a particular clause, paragraph or provision, are disclosures made for the purposes of all the Warranties given by Sibanye in the Agreement, which are qualified accordingly. Accordingly, each disclosure contained in this Disclosure Schedule must be taken as referring to each and every clause, paragraph or provision of the Agreement and any Annexures to the Agreement to which it can relate. DRD and/or the Issuing Party will not be entitled to claim that any fact, information, matter or thing has not been disclosed to it by reason of the relevant disclosure not being specifically related in this Disclosure Schedule to any particular clause, paragraph or provision of the Agreement or any Annexures to the Agreement.
2.4 The disclosure of any matter or document shall not imply any representation or warranty not expressly given in the Agreement, nor will it be taken to contain any representation or implication by Sibanye as to the materiality of the disclosure and the context of any particular Warranty.
