Common use of Effectiveness of Representations Notwithstanding Investigation Clause in Contracts

Effectiveness of Representations Notwithstanding Investigation. Notwithstanding any party's undertaking or conduct of any investigation pursuant hereto, or any party's failure to so investigate, the representations, warranties and agreements of each of the parties hereto shall be operative and effective and shall survive the Closing Date to the extent previously set forth in Section 3.3. In the event that a party hereto becomes aware or knows prior to the Closing that a representation or warranty made herein by another party hereto is untrue, such party shall express such knowledge by written notice thereof to the party rendering such representation or warranty on or prior to the Closing Date. Knowledge on the part of Xceed on or prior to the Closing that a representation or warranty of the Company or the Interestholders is untrue or knowledge on the part of the Company or the Interestholders on or prior to the Closing Date that a representation or warranty of Xceed is untrue, shall render that specific representation or warranty inoperative and ineffective and such other party shall not have any liability in respect thereof pursuant to Article VI hereof; provided that, such knowledge is expressed by written -------- ---- notice thereof to the party rendering such representation or warranty on or prior to the Closing Date.

Effectiveness of Representations Notwithstanding Investigation. Notwithstanding any party's undertaking or conduct of any investigation pursuant hereto, or any party's failure to so investigate, the representations, warranties and agreements of each of the parties hereto shall be operative and effective and shall survive the Closing Date to the extent previously set forth in Section 3.3. In the event that a party hereto becomes aware or knows prior to the Closing that a representation or warranty made herein by another party hereto is untrue, such party shall express such knowledge by written notice thereof to the party rendering such representation or warranty on or prior to the Closing Date. Knowledge on the part of Xceed the Purchaser on or prior to the Closing that a representation or warranty of the Company or the Interestholders Stockholders is untrue or knowledge on the part of the Company or the Interestholders Stockholders on or prior to the Closing Date that a representation or warranty of Xceed the Purchaser is untrue, shall render that specific representation or warranty inoperative and ineffective and such other party shall not have any liability in respect thereof pursuant to Article VI 6 hereof; provided that, such knowledge is expressed by written -------- ---- notice thereof to the party rendering such representation or warranty on or prior to the Closing Date.

Effectiveness of Representations Notwithstanding Investigation. Notwithstanding any party's undertaking or conduct of any investigation pursuant hereto, or any party's failure to so investigate, the representations, warranties and agreements of each of the parties hereto shall be operative and effective and shall survive the Closing Date to the extent previously set forth in Section 3.3. In the event that a party hereto becomes aware or knows prior to the Closing that a representation or warranty made herein by another party hereto is untrue, such party shall express such knowledge by written notice thereof to the party rendering such representation or warranty on or prior to the Closing Date. Knowledge on the part of Xceed on or prior to the Closing that a representation or warranty of the Company or the Interestholders Members is untrue or knowledge on the part of the Company or the Interestholders Members on or prior to the Closing Date that a representation or warranty of Xceed is untrue, shall render that specific representation or warranty inoperative and ineffective and such other party shall not have any liability in respect thereof pursuant to Article VI hereof; provided that, such knowledge is expressed by written -------- ---- notice thereof to the party rendering such representation or warranty on or prior to the Closing Date.

Effectiveness of Representations Notwithstanding Investigation. Notwithstanding any party's undertaking or conduct of any investigation pursuant hereto, or any party's failure to so investigate, the representations, warranties and agreements of each of the parties hereto shall be operative and effective and shall survive the Closing Date to the extent previously set forth in Section 3.3. In the event that a party hereto becomes aware or knows prior to the Closing that a representation or warranty made herein by another party hereto is untrue, such party shall express such knowledge by written notice thereof to the party rendering such representation or warranty on or prior to the Closing Date. Knowledge on the part of Xceed the Purchaser on or prior to the Closing that a representation or warranty of the Company or the Interestholders Seller is untrue or knowledge on the part of the Company or the Interestholders Seller on or prior to the Closing Date that a representation or warranty of Xceed the Purchaser is untrue, shall render that specific representation or warranty inoperative and ineffective and such other party shall not have any liability in respect thereof pursuant to Article VI hereof; provided that, such knowledge is expressed by written -------- ---- notice thereof to the party rendering such representation or warranty on or prior to the Closing Date.